The Congressional Ban On Chinese Control Of TikTok Will Stand: So Sez The Supremes. Yikes.

Of course, if Congress now feels it “got it wrong“, in a bipartisan effort (under Mr. Biden — and one Tangerine 1.0 tried to achieve by executive fiat, BTW)… it may amend or repeal the law in the coming session. You see, it is the province of judges and Justices to simply read the law as written — not rewrite it. Here’s the full 27 page opinion, just published.

So the Sunday deadline is now real. TikTok will be closed to US users, unless the parent ByteDance can divest those assets by Sunday morning. [We’ve never used — and don’t now use TikTok, at all — since we long knew Chinese state affiliated actors likely have access to everything one writes or posts there.] And to be clear, Tangerine 1.0’s order (struck as beyond his Constitutional powers in 2020) was for the most venial of reasons: the kids embarrassed his rally in Tulsa.

But this time, it was an Act of Congress, firmly rooted in national security arguments — and bipartisan at that. Here’s the opinion, and a bit, below in blue. This all is not likely the last word, as Tangerine 2.0 now wants his 13 million TikTok followers to remain enthralled — and some consortium of non-China billionaires may buy the US assets, and keep it open — independently. Stay tuned — but I’d expect some hot-footed M&A / divestiture activity this weekend:

…[W]e are conscious that the cases before us involve new technologies with transformative capabilities. This challenging new context counsels caution on our part. As Justice Frankfurter advised 80 years ago in considering the application of established legal rules to the “totally new problems” raised by the airplane and radio, we should take care not to “embarrass the future.” Northwest Airlines, Inc. v. Minnesota, 322 U. S. 292, 300 (1944).

That caution is heightened in these cases, given the expedited time allowed for our consideration. Our analysis must be understood to be narrowly focused in light of these circumstances….

Because the Act itself designates applications operated by “ByteDance, Ltd.” and “TikTok,” prohibitions as to those applications take effect 270 days after the Act’s enactment—January 19, 2025. The Act exempts a foreign adversary controlled application from the prohibitions if the application undergoes a “qualified divestiture.” §2(c)(1). A “qualified divestiture” is one that the President determines will result in the application “no longer being controlled by a foreign adversary.” §2(g)(6)(A)….

[Please forgive me my very jumbled and chaotic graphics, here — there is much conflicted history to consider in the shaping of today’s chapter in the long, and frankly weird… narrative.] What a strange reversal of positions we’ve seen here: Tangerine 2.0 seeing a way to grease his palm as he takes 1600 Penn back. Count on that being his motivation for now championing the platform. Hell, he may even try to get Truth Social to be the leveraged bidder for the assets. Damn. As I say, stay tuned.

नमस्ते

It Is Believed One Of The Index Cases In Tanzania Died Of Marburg In December 2024 — At Least 300 Contacts To Trace…

One of the hardest parts of communicable disease management — in public health circles, is often cajoling life-saving, compliant behaviors… from members of… the public. In this regard, Tanzania’s health ministers are doing their country-wide populace… no favors, of late.

It is past time for those ministers to furnish any test results — and original blood samples — to WHO. Marburg, a viral cousin of Ebola, is lethal in nearly 70% of all cases — so the problem… is decidedly urgent. Here’s CIDRAP’s fine — and latest — reporting on it all:

…At a WHO briefing [on January 16, 2025], however, Director-General Tedros Adhanom Ghebreyesus, PhD, urged Tanzania’s government send its samples for testing to international reference labs and to collect additional samples in accordance with normal procedures. He also said the WHO is supporting Tanzania’s response and has offered to provide any additional support that is needed….

[One of the] suspected index case-patients is a 27-year-old pregnant woman who had an illness that progressed to hemorrhagic symptoms and died on December 16, 2024. So far, investigators have identified 300 contacts, including 56 healthcare workers. Africa CDC said 16 of the contacts had direct contact with sick patients.

…[T]he outbreak would be Tanzania’s second Marburg event. In 2023, an outbreak in the same region resulted in nine illnesses, six of them fatal….

Some of the issue here must be that at least some of the rural transmission chain is likely fueled by traveling mine workers — who are known on occasion to visit sex workers… and so, the originally small outbreak crosses into new districts (with the resulting social stigmas helping to obscure its tracks). Very vexing — as a public perception / psychology problem, as well.

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Fascinating. Johnson Complains About Commutations.

This is quite… rich.

At the close of Tangerine 1.0, Scott made nary a peep — about Trump pardoning guys who aided his own personal crime spree.

Roger Stone

Paul Manafort

Steve Bannon

Michael Flynn

Crickets, all.

But let some nonviolent long incarcerated, drug offenders be released — (many originally convicted for offenses involving substances that are no longer even unlawful in their states) — and he loses his tiny mind.

Yet when — on Day 15 or so — Tangerine 2.0 pardons or commutes violent criminals who assaulted police officers at the J6 insurrection, it will be crickets, again from the Powerline boys.

I guess some criminals (who aid the preznit) are just… “more equal”.

Violently ssault a law-enforcement officer, in an insurrection? No problem.

But quietly smoke a little weed in your basement… watching old SNL reruns? And it’s a national emergency!

Cheers.

I. Just. Can’t. Resist! Musk’s Latest Re-Entry Explosion…

Wow. Another bad re-entry event for Elon. Wow.

Someone on X-itter just posted something akin to this, regarding a Mars Musk date:

…and, the rocket’s red glare

Elon’s new craft bursting in mid-air….

gave proof through the night that SpaceX is
still not very close to getting there….

Derp. Space is… hard, man.

नमस्ते

Firefly’s BlueGhost Has “Left The Building!” — On Its Way To The Lunar Surface (And A March 2, 2025 Automated Touchdown)…

In addition to the Blue Origin heavy rocket reaching orbit, we’ve been thrilled about this private robotic lunar mission’s successes. [We need more competitors to Elon Muskian efforts.]

So it is, that the BlueGhost is now making a leisurely stroll out toward — and beyond — the Moon. Then it will begin a series of tightening loops, ultimately setting down around March 2, 2025. Here’s the latest update:

…Firefly Aerospace’s Blue Ghost lunar lander successfully powered on as it continues its way to the Moon, carrying NASA science demonstrations as part of the agency’s CLPS (Commercial Lunar Payload Services) initiative and Artemis campaign. [Updated: Flight controllers for Blue Ghost Mission 1 said Wednesday that the company’s spacecraft continues to meet mission milestones including acquisition of signal, and maintaining communications through its Mission Operations Center in Cedar Park, Texas. The camera above the deck of the lander was powered up, and shot a great image, confirming the health of the X-band antenna and NASA’s Lunar Environment heliospheric X-ray Imager (LEXI) payload….]

Blue Ghost is expected to land on the lunar surface on Sunday, March 2 and, throughout its mission, NASA’s scientific instruments aim to test and demonstrate lunar subsurface drilling technology, regolith sample collection capabilities, global navigation satellite system abilities, radiation tolerant computing, and lunar dust mitigation methods. The data captured could also benefit humans on Earth by providing insights into how space weather and other cosmic forces impact Earth….

Now you know. Quite the busy news day — on world, and off it. Smile.

नमस्ते

[U] Mr. Giuliani Has Agreed To Pay Up. In Full — Plus Attorneys’ Fees. That Would Be The ONLY Acceptable “Settlement”. Case Is Being Settled, In New York.

A letter just entered explains all the preposterous shenanigans of this morning, in Manhattan.

Rudy has settled this contempt matter, with the plaintiffs. He is certainly turning over all the rings, and all watches except his granddad’s less economically valuable one. He says he’s keeping his property — but that MUST mean either the RNC, or some deep-pocketed donor… is going to pay a good portion of the $148 million — in cash, to the plaintiffs, shortly.

The πs had Hizzoner absolutely on the ropes.

Here’s the letter in full, just docketed.

. . .Plaintiffs Ruby Freeman and Wandrea’ Moss, Defendant Rudolph W. Giuliani, and Intervenor Andrew Giuliani (collectively, the “Parties”) respectfully submit this letter-motion to inform the Court that Plaintiffs and Defendant have executed a settlement agreement (“Agreement”) that, once certain conditions are met, would fully resolve all issues currently scheduled for trial, including the claims of Intervenor Andrew H. Giuliani, and would result in the conclusion of all litigation currently pending between and among the Parties.

Accordingly, the Parties respectfully request that the Court adjourn the trial scheduled for January 21, 2025, and the continued contempt hearing currently scheduled for January 29, 2025, to dates on or after February 25, 2025, to permit the Parties to fully implement the Agreement. The Parties will promptly notify the Court upon full satisfaction of the terms of the Agreement. Plaintiffs have not previously sought any requests for adjournment of the trial date. Defendant has made one such request, No. 24-cv-6563, ECF No. 91, which the Court denied orally during a hearing on November 26, 2024 and memorialized in a subsequent written order, No. 24-cv-6563, ECF No. 104. Other than the appearances described above, no other appearances are currently scheduled….

Wild times. But now you know. Onward.

नमस्ते

Update: Tanzanian Governmental Authorities Claim The Eight Deaths — Across Two Districts — Were NOT… Marburg(?).

I do understand. These countries cannot economically withstand a perhaps six month “no travel” order. The mining and tourism industries will suffer… and suffer immensely. And no such order has issued from any other nation, thus far.

But it seems a less than credible proposition — that these local public health ministers would refute lab tests independently conducted by the WHO. What interest might WHO have in lying here? None. So (while we will report it, for a complete record) do take this with a truckload of salt. The latest, from the Beeb:

…Tanzania has dismissed a World Health Organisation (WHO) report of a suspected new outbreak of the Ebola-like Marburg virus in the north-west of the country. On Tuesday, the global health agency said a total of nine suspected cases were reported over the last five days in the Kagera region, including eight deaths.

But in a statement, Tanzania’s Health Minister Jenista Mhagama said after samples were analysed, all suspected cases were found negative for Marburg virus. She said that the country had strengthened its surveillance systems and disease monitoring….

Again, I do well-understand the fear factor, and the crippling economic impact a multi-district outbreak of lethal Marburg will have on the already struggling nation. But — as ever — for the sake of future traveling parties, and to avoid perhaps thousands more hosts / patients / fatalities (and the safety of that nation’s people), we must tell the truth. Onward.

नमस्ते

[U X3] BREAKING: Mr. Giuliani And His Lawyer, Mr. Cammarata, Are Over Two And A Half Hours Late — Judge And πs Present And Ready To Go!

This is simply… crazy.

InnerCityPress reports on X-itter (from inside Foley Square!) that Rudy is MIA. Only the junior associate from Cammarata’s firm is in court. Hizzoner was to be the first witness at trial on the Florida condo, the DiMaggio jersey and of course the World Series rings.

InnerCityPress reports on X-itter (from inside Foley Square!) that Rudy is MIA. Only the junior associate from Cammarata’s firm is in court. Hizzoner was to be the first witness at trial on the Florida condo, the DiMaggio jersey and of course the World Series rings.

Update No. 3 — The Rudy Giuliani trial, which never began amid his no-show, has been “adjourned” until 1 pm – then something on the record (about his absence, four hours by then?) – watch this feed.

Update of 11:27 am – nothing was put on that record at 11 am – now Judge has summoned those lawyers present back into his chambers or robing room. Waiting for them to emerge. Rudy still not here.

[Updated @ 10:54 am] Rudy Update: We’re told to expect Judge Liman at 11 am to take the bench and put something on the record (about Giuliani’s absence, two hours by then) –
watch this feed….

….[Earlier] innercitypress 20 minutes ago:

Update: Rudy Giuliani still a no-show at 10:06 am. At Rudy’s / defense table, only an associate of Rudy’s lawyer Cammarata. Cammarata has not been seen yet this morning: now 1 hour late and counting….

[U 2X — SNARK, Matthew is] working on the lyrics now : )

Song 1: https://x.com/innercitypress/status/1875701822457049570

They wanna take his rings

For saying nasty things

USB ports

Memorabilia of sport

America’s Mayor

in his Palm Beach Lair

Plaintiffs wanna take a look

& so, a book https://amazon.com/dp/B0DS54RXXX

Hilarious! Stay tuned; we will update if he does show up, or loses by a default from the capable USDC Judge Liman, in Manhattan. Out — grinning….

नमस्ते

Fascinating. Hinderaker Does NOT Say They Will Be “Good” In Their Jobs. Just “Loyal”. Damn.

This is… precious.

Even the deluded Hinderaker has foresworn any objective argument that these are “good” (let alone “the best”!) candidates for their respective roles — nor could he.

This is an “Island of Misfit Toys”, exclusively — after Tangerine 1.0 torched every single competent hire.

The sad fact is… even among the hard right GOP… almost no one with any smarts or savvy… would have signed on, for the 2.0 version.

So honestly — all John tells us… is that they will be pure MAGA loyalists. Until Tangerine turns on them — for largely imaginary offenses.

It’s going to be a stultifying two to three or so years.

By then, there will be none of these people left in their roles.

Hilarious. Out.

This Is Good FDA “Food Safety” News… But Overdue. And I Get The Cosmetics Argument.

To be clear, food manufacturers will have until early 2027 to sell off stock containing erythrosine (more commonly known as Red No. 3), and source alternate supplies of red food coloring agents.

And lest anyone get too terribly alarmed, the level of Red No. 3 in foodstuffs is only a very tiny fraction of what was once in cosmetics (parts per 500,000, compared to parts per 10,000 in old cosmetics) — which were banned in 1990, under the so-called Delaney Clause. I would like to believe that we will continue to see aggressive reviews like this one as to our food supplies, but my concern is that Tangerine 2.0 may well work to undo even these modest changes.

Still, it is true that the concentration of dye in most people’s diets would be, over a life-time, less than 1/100,000th of what old cosmetics delivered in just about a ten year span of daily use. [And the substance was shown to cause cancer only in rats that ate it as over 5% of their diet — in a pure form. Not in humans, ever.]

Even so, I just hope all the current FDA Commissioners resolve to keep their seats until 2.0’s clock runs out — whenever that may be — even if it is all the way to 2028. Here’s the latest, from PBS:

…The agency said it was taking the action as a “matter of law” because some studies have found that the dye caused cancer in lab rats. Officials cited a statute known as the Delaney Clause, which requires FDA to ban any additive found to cause cancer in people or animals.

The dye is known as erythrosine, FD&C Red No. 3 or Red 3. The ban removes it from the list of approved color additives in foods, dietary supplements and oral medicines, such as cough syrups. More than three decades ago, the FDA declined to authorize use of Red 3 in cosmetics and externally applied drugs because a study showed it caused cancer when eaten by rats. Food manufacturers will have until January 2027 to remove the dye from their products, while makers of ingested drugs have until January 2028 to do the same….

Now you know. Onward to another Rudy grilling tomorrow! Smile.

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